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Monday, August 12, 2013

State v. Lawless (A-89-11; 069703)

Because defendant pled guilty to only one criminal offense, aggravated manslaughter, the sole “victim” for purposes of N.J.S.A. 2C:44-1(a)(2) was the
deceased driver, and the harm inflicted upon the passengers is irrelevant to aggravating factor two. Their injuries may be considered part of the “nature and circumstances of the offense.” N.J.S.A. 2C:44-
1(a)(1). Thus, the court may consider aggravating factor one when defendant is resentenced.7-22-13